Trial and Error
by fawkesieladyandEd
Summary: the last part of the Eberts fic I wrote (The other side & The morning after)


TRIAL AND ERROR **__**

TRIAL AND ERROR

__

TITLE: Trial And Error

AUTHOR: Mandy Engle AKA fawkesieladyandEd

EMAIL: [gunslinger_sk@yahoo.com][1]****

RATING: PG

SUMMERY: Part three of the series, The Other Side and The Morning After. 

DISCLAIMER: The Invisible Man and all it's characters are not mine. They are the property of sci-fi and their writers. I do not own them in any way shape or form. I am not making any money from this fic. It was written purely for fun and the enjoyment of myself and others. 

Thanks much.

Enjoy…

TRIAL AND ERROR

The alarm went off at eight o'clock on the morning of July eighteenth. Darien rolled over and hit the snooze button and sat up. The day he had been dreading had arrived.

He went to the bathroom and turned on the shower. He took his razor out of the medicine cabinet as the water warmed. Since the stunt he had tried to pull with a regular razor, he only used the electric kind. The shave wasn't as close as it would be with a regular one, but at least he didn't have to worry about the little fits of depression he often got.

Darien stepped under the water and closed his eyes as the warmth hit his naked body.

He didn't want this day to happen, he wanted to go back to bed and sleep until tomorrow. But he knew that this was the beginning of the end, Eberts' trial started today. 

~~

Darien sat on the edge of the bed staring at his feet. He was dressed in a pair of black dress pants, a long sleeve white button up shirt, a black tie, and his adidas. He couldn't help but wonder how the trial would go; he couldn't help but worry. Eberts was not only being tried for the rape, but attempted murder as well.

Darien jumped slightly as the phone rang.

"Hello." He answered.

"Darien, you ready for this?" A woman's voice asked.

"I don't think it matters if I'm ready or not. Does it?"

"No, I suppose not. But it does help if you are prepared for what might be said."

"It doesn't matter Michal, it will be said if I'm prepared or not. It will be said anyway."

"Alright. Well, I'll see you at the courthouse at eleven."

"I'll be there."

He hung up. 

The woman on the phone was Michal Dove, his lawyer. She was one of Claire's friends from collage. He was grateful to Claire for getting her to do it. He remembered the day Claire had taken him to see her. He hadn't wanted to go, he could hardly talk about what he had gone through to Claire and Bobby and Claire was asking him to tell his story to a person he had never met. He had sat in the chair across from her with his head down. She hadn't asked him to look up at her, just to speak loud enough for her to hear and that made it a little easier for him to speak. He had told her his story, from him going to Eberts' house, to Hobbes coming into the room. She hadn't said anything except that she would take the case and that she thought they had a very good chance of having Eberts put away. 

Miss. Dove was very good at keeping him involved in what she was doing. She told him that keeping the client informed as to how she was progressing built a stronger client attorney relationship.

The trial was a trial by jury, which bothered Darien. He had wanted to keep everything secret; he didn't want anyone to know. Yet here were twelve total strangers about to hear the horror he had lived. 

~~

Bobby knocked on Darien's door at nine thirty. 

"Thought you might want to grab a bite before we head to the courthouse." He said as Darien opened the door.

"No, I can't eat. My stomach is all upset. But I could use a cup of coffee."

"Alright then, let's go."

Darien grabbed his jacket off the chair and headed out the door after Bobby.

~~

Darien stared into his coffee cup as Bobby rambled on about something he wasn't really interested in. 

"You okay partner?" Bobby asked.

"Huh?" Darien said confused as he looked up.

"You okay?"

"Yeah Bobby. I'm fine. Just thinking about this trial thing. I'm not sure I like the idea."

"Come on Darien. Eberts is going to be put away for a long time. Attempted murder is heavy shit, and rape is greatly frowned upon too."

"I know but… it's just that, it's an embarrassing thing to talk about, even to you. Now the entire world is about to know."

"Darien, twelve jurors are hardly the entire world."

"Yeah, but they tell their friends and they tell their friends and they tell their friends. Oh shit. Forget about it. I'm not going to worry about it anymore. Let's just get this over with and out of the way so I can continue on with my life."

Darien stood and walked out to the van, Bobby followed.

~~

"Good morning Darien." Michal Dove said cheerily as she walked up to Darien and Bobby.

"Morning." Darien said back and shook her hand.

"We'll get started in a few minutes. Lets go over this one more time."

"No Michal. I don't want to go over it again. We went over it every day for the past week. I know how to do this. Don't forget that I have seen the inside of a courtroom before."

"Yes Darien, that is something I want to talk to you about."

"What?"

"Your jail time. They're bound to bring it up sometime."

"What the hell does that have to do with this?"

"I don't know. If they do bring it up, I'll argue that it has no relevance in this case. Then it's the judges decision."

"Ok."

Claire walked into the courthouse at ten forty-five. She took the elevator up to the fourth floor and went to the room Darien's case would be held.

She went up to her friends as they stood in the hall outside the door.

"Sorry I'm late." She said. "Traffic." She smiled.

A young man peeked his head out the door and said, "They're getting ready to start."

"Thank you Joshua." Michal said.

Joshua was her assistant. Really all he did for her was sit at the table and look important. He did some research for her, but she was the main player in this game.

"Let's go get ready." She said as she put her hand on Darien's shoulder.

They walked into the room and sat at the table marked plaintiff.

Bobby and Claire sat in the front row of seats just behind Darien.

"We're right here buddy." Hobbes said as he patted Darien on the shoulders.

"You're going to be great Darien. Don't worry about anything." Claire said as she leaned in to whisper in his ear.

Darien, Bobby and Claire turned their heads as they heard the door open. The Official walked in and took a seat next to Bobby.

"Thanks for coming boss." Darien said as he turned to face the official. "I need all the friendly faces I can get."

"Not a problem Darien." The Official said.

~~

An armed agent escorted Eberts into the courtroom. The agent sat Eberts at the table marked defendant and stood behind him with his arms crossed over his chest. 

Eberts looked over at Darien, smiled and turned away again.

"Don't let him get to you Darien, he wants you to loose your cool." Michal whispered. 

"Don't worry, I'm not going to play his games. I've got a mindset and I'm going to keep it." He whispered back.

The official had pulled as many strings as he could. He had tried to keep this trial as private as possible. There were Darien's friends. But there were also people Darien didn't know. Eberts' mother and sister were there. A few undercover agents to keep things in line and the people that were going to be called to the stand. Eberts turned around and scanned the room for the eyes he could feel boring holes into the back of his head.

His eyes locked with the eyes of the Official. Eberts stared back hoping to make the official turn away, but he didn't even blink. In the end, Eberts was the one that turned.

~~

Darien watched as the jurors were brought in through a door beside the witness stand. The jurors took their seats and the bailiff took his place beside the judge's box.

"All rise! The honorable judge Joyce McDermott presiding." The Bailiff called.

A tall, thin woman walked into the room and sat behind the desk. She poured herself a glass of water and banged her gavel on the desk.

"Court is now in session. Case number 4278. The State of California versus Albert Eberts concerning the matter of Assault and battery, and Attempted murder." The bailiff said.

"Be seated." The judge said. 

Darien took a deep breath as he sat down. Michal had told him that their chances were greater if a woman judge was present.

~~

"Prosecution, You may make you're opening statement." The judge said.

"Thank you your honor." Michal said as she stood and faced the jury.

She paced back and forth for a moment before speaking.

"Good morning." She began. "I'm going to tell you about Mr. Darien Fawkes. He was born and raised in Cold Springs California. His parents died when he was young. He and his brother were raised by their loving aunt and uncle. He did not deserve what was done to him. 

Ladies and gentlemen, Darien Fawkes is a kind, caring citizen of this state. What Mr. Eberts did to him was cruel, wrong, and inhuman. Over the course of this trial, you will hear many things. It is up to you to decide what is right. The defense will tell you that Mr. Eberts has done no wrong, and that he is in the right in this situation. They will tell you that Mr. Eberts deserves to go free to live his life as you or I would. I know that that is wrong. I want to ask you to do me a favor as you hear what is being said here. I want you to put yourselves in Mr. Fawkes' position. As you hear him tell you the events that took place on the night of June twenty-fifth, I want you to imagine that it was you there, In your mind, I want you to see what he saw and feel what he felt. I am asking you to do the impossible; you cannot imagine the pain and heartache that Mr. Fawkes went through. Do your job as jurors and listen to the statements that will be made, with an open mind. Mr. Fawkes has been through a nightmare that I couldn't even begin to understand. Look at him, he is asking you to end his pain.

Thank you." She walked to the table and sat in her chair.

"Council for the defense, you may make your opening statement." The judge said again.

The man sitting at the table with Eberts stood and walked to the jury box.

"Good Morning. I won't keep you long. I have only a few points to make, then we can begin to end this trial. Darien Fawkes has been jealous of Mr. Eberts from the day he met him. Mr. Eberts had high connections in the agency in which he worked. 

Mr. Eberts has had a long life of pain. His childhood was torn away from him when he was given the responsibility of caring for his older sister who had been born with brain damage. He has led a good life, doing wrong to no one. He is an outstanding citizen. He is a hard working individual who simply wants to live life to the best of his ability. Mr. Fawkes is trying to ruin the life Mr. Eberts has made for himself. 

Mr. Fawkes is a convicted criminal who has been charged with many things, theft and molestation are only two things on the list of crimes he has committed.

Your job is an easy one, listen to the statements, decide who was right, and set Mr. Eberts free. 

Thank you."

He went to his table and sat down whispering into Eberts' ear.

~~

"Prosecution, you may call your first witness."

Michal stood and said.

"I call Mr. Charles Borden to the stand your honor." She said loudly.

The official stood and made his way to the witness stand. He swore to tell the truth and sat down.

"Good morning Mr. Borden." Michal said.

"Good morning." He replied.

"Can you tell me what your relationship with Mr. Fawkes is?"

"Yes. I am his boss."

"How long has he worked for you?"

"A little over a year."

"In all that time, did you see any signs that Mr. Fawkes disliked Mr. Eberts?"

"No, They never had the chance to speak much. Mr. Fawkes was only in my office for a few minutes each day."

"In your opinion, what kind of person is Mr. Fawkes?"

The official paused for a moment. Darien was a little worried about what his response would be. He knew that the official had never really liked him and would have rather had Kevin implant the gland into one of his agents.

"Mr. Fawkes is a fine young man. He has made a few mistakes in his past, but he has paid for them. He is a good person who is trying to make a new life for himself. I look upon all my employees as family, Darien Fawkes is no exception."

"Thank you Mr. Borden. No further questions at this time your honor." She said and went back to her seat.

"Council." The judge said.

The council looked through some papers that were on the table, and stood. He walked to the stand with a piece of paper.

"Mr. Borden, it says here that Darien Fawkes came to you from prison. Can you tell me why you would hire a convicted criminal as a government agent?"

"Mr. Fawkes is a highly skilled agent. He came to me to make a fresh start in life, I put him through a training program and started him as a trial agent. I paired him with my top man. He proved to be a valuable asset to my agency. If I had that to do over again, I would make the same decision."

"In your opinion, What kind of person is Mr. Eberts?"

"Mr. Eberts is a smart man who has helped me in quite a few situations. He has been my right hand man from the beginning but I never thought to get a closer look at his life. Mr. Eberts is a hard working man who never missed a day of work." He paused for effect. "Until June twenty-fifth."

"Thank you. Nothing further your honor."

He walked back to the table and sat down.

"You may step down Mr. Borden."

"Thank you." The Official looked at Darien and gave him a slight smile as he walked back to his seat.

The judge banged her gavel and said,

"We'll break here. One hour lunch."

~~

Darien walked out into the hall and sat on the bench. He ran his fingers through his hair, took a deep breath and sighed.

"You doing okay?" Hobbes asked as he sat next to Darien.

Darien nodded but said nothing. 

"You'll be next Bobby." Michal said as she walked over to them. "Are you ready?"

"I suppose I am. All I have to do is tell the truth."

"Why don't we go down to the cafeteria and get some lunch? I'm starving." Michal said.

"Yeah, you guys go ahead. I'll be there in a minute." Darien said as he looked over to where the Official was sitting.

Bobby, Claire and Michal walked down the hall to the elevator as Darien walked over to his boss.

"Hey boss." He said as he sat down in the chair.

The official looked up and nodded.

"I just wanted to thank you for saying what you said in there. I know that I am not who you wanted the gland used on. I know that we never really got along much. So I just wanted to thank you."

"Darien, What I said was the truth. We had our differences at first but that's over now. I think you are a fine agent, much better than I thought you would be. I am proud to have you as a member of my team."

Darien smiled and stood up.

"Well, thank you anyway. I'm going to get some lunch, you wanna come?"

"No thanks, I'm good."

"Ok, see you later then." Darien walked down the hall to the elevator and joined his friends in the Cafeteria. 

~~

"Prosecution calls Mr. Robert Hobbes to the stand."

Hobbes stood and walked to the witness box. He swore to tell the truth and sat down.

"Good Morning Mr. Hobbes." Michal said as she approached the stand.

"Good morning." Bobby replied.

Michal took a few steps back but made sure not to block the jurors view of Darien or Bobby.

"How long have you and Mr. Fawkes been partners?" She asked.

"Just over a year. We've been partners from day one. Darien Fawkes is the best agent I have ever been paired with."

"Has Mr. Fawkes ever said anything to you about disliking Mr. Eberts?"

"No, When we're on a case, we only talk about the mission. Whenever we get together in our free time, we rarely talk about work. But anything Darien has said about Eberts has been good things."

"Is it true that you are an actual eye witness Mr. Hobbes?"

"Yes ma'am."

"Can you explain what you saw?"

"Yes ma'am. When I walked into the room, Eberts was holding a pillow over Darien's face. Darien was cuffed to the bed and he was completely nude. All Eberts was wearing was a pair of boxer shorts.

"What did you do when you saw this?"

Bobby told her his story. He told her exactly what happened. His statement ended with,

"Then I called the… Claire."

"What did Ms. Keeply do when she arrived at the house."

"She examined Darien."

"Thank you Mr. Hobbes. No further questions your honor."

Michal went back to the table.

"I think Bobby will be the last witness today." She whispered as she watched the defense lawyer walk to the stand.

"What do you think so far?" Darien whispered back.

"It is still too soon to say one way or the other, but I think we are hitting them hard. You'll be called first tomorrow so get plenty of rest tonight. Be prepared."

"Okay."

She focused her attention on the questions that were already being asked.

"You said that when you entered the room Mr. Eberts had the pillow over Mr. Fawkes' face. Correct?"

"Yes."

"Did you know it was Mr. Fawkes?"

"Objection your honor!" Michal shouted. "Whether or not Mr. Hobbes knew it was Mr. Fawkes makes no difference."

The room was silent for a moment as judge McDermott thought.

"Sustained." She said.

The lawyer took a step back and thought.

"Why did you go to the house Mr. Hobbes?"

"I was called by the neighbor who had heard the noises."

"Did you have a warrant to enter the house?"

"You don't need a warrant if someone is in danger."

"Answer the question Mr. Hobbes."

"Objection!" Michal shouted again. "Your honor, Mr. Hobbes just said he didn't need one. The defense knows the answer to the question."

"Sustained." She called. "Council will refrain from questions that will have the witness repeating themselves."

"Yes your honor. No Further questions." He said as he walked away.

"You may step down." She said.

Bobby stepped out of the box and walked slowly back to his seat.

~~

"I am glad today is over." Bobby said as he drove Darien home. 

"Yeah, but I'll be up there tomorrow. That is not something I am looking forward to."

"You can do it. Besides, this is your chance to let the jurors hear you out. During the jury selection Michal did all she could to have the jury all female. Did you notice that eight of the twelve are women?"

"What does that have to do with anything?"

"Women are more sensitive toward this kind of thing. They understand how bad it is. Trust me Fawkes, you're in good hands."

"Yeah, whatever."

Hobbes pulled the van into the parking lot and parked in front of the door.

"You need anything?"

"No man, I'm just gonna crash. I'm pretty tired."

"Ok then, I'll see you in the morning."

"Ok. Night Bobby."

"Night Fawkes."

Darien got out of the van and went up to his apartment. He went inside and started a shower. As the water warmed, he walked out to his bed. He leaned over and pulled a picture out from under the bed. He wiped the dust off and smiled slightly as he looked at the woman sitting on some rocks at Ocean Beach.

"Oh Case," He said softly. " I'm glad you're not going to be there tomorrow, I don't want you to hear this." He put the picture to his lips and placed a gentle kiss on the glass then put it back under the bed. He had meant to put the picture on his dresser many times, but he always told himself that he didn't want Casey thinking he was still stuck on her if she happened to pop in some day.

He looked around the room and sighed disgustedly, he hadn't gotten around to fixing some of the things he'd wrecked. He hadn't bought a new couch yet. He stopped at the furniture store a few times meaning to look at them, but he hadn't bought one. The old torn up couch was just pushed back against the wall. The Knife was still stuck in the wall too. He didn't buy himself a new stereo as he had wanted, he just used his clock radio when he was feeling lonely and needed some sound. He noticed that the only thing he had done was put the curtains back up. After sighing again at the shape his apartment was in, he stood and walked to the shower.

~~

"Good morning Mr. Fawkes." Michal said after Darien had sworn to tell the truth.

Darien was looking at his knees, he didn't want to make eye contact with anyone, especially Eberts. 

"Good morning." He said without looking up.

Michal looked at Darien and felt sorry for him. She knew exactly how he was feeling. Part of the reason she took this case was as a favor to Claire. But mainly because she too had been raped. She had pressed charges against her attacker, but she was young and the man was a well-known public figure and it was her word against his and nothing was done. She had told herself that she wouldn't stop until Eberts was punished for what he had done.

"Mr. Fawkes, had you ever spent any of your free time with Mr. Eberts?" She asked after a moment.

"No, I usually went straight home after work." He said, again without looking up.

"But you did spend one evening with him prior to his attack on you. Is that correct?"

"Yes. My car wouldn't start so I asked him for a ride."

"Why did you ask him and not Mr. Hobbes?"

"Hobbes had left already and the Official and Claire were going to be at the Agency for awhile longer."

"So he gave you a ride. What happened when you got to your home?"

"I invited him up for a beer."

"Did he accept your offer?"

"Yes."

"He spent the night, is that correct?"

"Yes. We had talked for a coupla' hours and he drank six beers. I wouldn't let him drive after he'd been drinking, so I offered him the couch."

"Did anything out of the ordinary happen that evening?"

"No."

"Mr. Fawkes, will you explain, in detail, the events that occurred on June 25, 2000?

Darien took a deep breath, this was the question he didn't want to answer but he knew he had to. He looked up at her for a moment, then looked away again as he began his story.

"Thank you Mr. Fawkes. No more at this time your honor." Michal said when Darien had finished.

Michal walked back to her chair and smiled. She had chosen her questions carefully, she wanted to ask all the questions the council would ask, only in Darien's favor. If she asked the right questions, there was very little for the council to play on.

"Mr. Fawkes." The man said as he stepped up to the stand.

Darien looked up briefly then lowered his eyes again.

"I only have a few questions, this won't take long."

He took a few steps back and looked at the jury.

"Look at the Jury Mr. Fawkes."

Darien turned his head and looked at the jurors.

"Tell me jurors, does this man…" He was cut off.

"OBJECTION YOUR HONOR!" Michal yelled. " Council is making a speech."

The judge looked at the counselor and said, "Direct your questions to Mr. Fawkes counselor, or I will have no choice but to have you removed. You will have a chance to speak to the jury during your closing argument, until that time do not question them."

"Yes your honor." He said as he lowered his head like a scolded child. 

After a moment he walked back up to the stand.

"You have said that Mr. Eberts spent one evening on your couch is that correct?"

"Yes."

"Why didn't he attack you then?"

"Either because…"

"Answer the question Mr. Fawkes."

Darien looked at the man fiercely, but kept his temper under control.

"Either…"

"I don't want a bunch of scenarios giving me a reason why Mr. Fawkes. I want the reason. Answer the question."

"I am. Either…"

"Mr. Fawkes. Answer the question."

Michal stood. "Your honor, he is trying to answer the question, council keeps cutting him off."

"Is that an objection Madam Prosecutor?"

"Yes your honor."

"Then I suggest you say objection." She thought for a moment. "Over ruled." She looked over to Darien, "Give one reason Mr. Fawkes." She said gently.

"Now, please answer the question." The counselor said.

"Because Hobbes called and told me to meet him."

"Are you homosexual Mr. Fawkes?"

"What?!"

"Answer the question, are you homosexual?"

"No, absolutely not." 

"You say that as if you have a problem with homosexuals. Do you?"

"No, not as long as they keep it away from me."

"If you are not homosexual, and if you do not have a relationship with Mr. Hobbes, why would he call you late at night and tell you to meet him?"

"Because we are federal agents, we are on call twenty-four/seven. We had to follow up on some leads in a case we were working on."

"What case is that?"

"I am not a liberty to talk about that."

"Answer the ques…"

"Objection!" Michal shouted.

"Sustained." The judge called. "First counselor, Mr. Fawkes is a federal agent, he is not permitted to talk about the cases he has handled. Secondly, his job has nothing to do with this trial. Change your question."

"Yes your honor." He said.

He stepped back and thought for a moment.

"No further questions your honor." He said after a moment.

"You may step down Mr. Fawkes." Judge McDermott said.

Darien left the stand and walked back to his seat.

"You did very good." Michal whispered when he sat down.

"Thank you. That was not a fun experience."

"I'm sure it wasn't, but I think you put a large dint in their case." She said as she hooked a thumb toward the table next to theirs.

"Who's up next?"

"Claire, but I'm sure we'll break for lunch first."

~~

Darien walked to the cafeteria with his head lowered. He went through the line and paid for his tuna melt sandwich, corn chips, and coke and sat alone at a table.

"Hey." Bobby said as he sat down across the isle from Darien. Darien looked up.

"Hey back." He said quietly.

"How ya doin?"

"I'm fine."

"You did good up there. I wanted to beat the shit out of Eberts' lawyer when he kept cutting you off. It took all my will power to stay in the seat."

"It took all my will power to keep from going see through when Michal asked me her last question. The way I'm feeling right now makes me wonder if this is worth all the trouble."

"Whadda ya mean?"

"I mean just when it seemed like I was getting past all this shit I gotta go through it all again."

"But it will be easier Fawkes. Soon you'll know that Eberts is put away where he can't get to anyone else."

"Yeah, let's just hope he gets a cell with big Butch, or at least someone like him."

Hobbes laughed lightly, he didn't fully understand Darien's big Butch statement but with a name like big Butch, the imagination didn't have much work to do.

"Well, your part's over for a while partner. Just sit back and relax until it comes around again." Hobbes said trying to comfort Darien but not succeeding.

Darien ate his sandwich and drank his coke and offered the bag of corn chips to Bobby. He didn't have a taste for salty things at the moment.

Darien and Bobby sat quietly for the last half-hour of the hour lunch.

~~

"Ms. Claire Keeply." Michal called loudly after everyone had returned to the courtroom.

Claire stood and walked to the stand, she swore to tell the truth as everyone else had done, and sat down.

"Can you tell me the nature of your relationship with Mr. Fawkes?"

"I am the…" She paused. "Agency doctor. I treat wounded agents, and they have check ups every six days."

"Are you the one who examined Mr. Fawkes?"

"Yes, I am."

"Can you explain what you found with your examination?"

"Mr. Fawkes'…" She paused again, thinking of how to put it lightly. "Anal area, was stretch quite badly and he was very bloody and bruised. As if something quite large had been shoved in him very forcefully."

"And how was his mental state?"

"He was mentally closed in. He wouldn't speak to anyone, about what had happened or otherwise, he slept a lot, and was a bit depressed. He was a slightly suicidal. The typical post rape metal state." 

"Thank you Ms. Keeply. No more your honor."

Michal walked slowly back to her table.

"Good morning Ms. Keeply." The councilor said as he walked to the stand.

Claire smiled slightly but didn't answer.

"You are the agency doctor and you give the check ups. In any of the times you saw Mr. Eberts, did you find anything that said he may have anger problems, or anything of that nature?"

"I do physical check ups, not mental."

"And yet you can tell us what Mr. Fawkes' mental state was. What is the difference between Mr. Fawkes' mental state, and the mental state of Mr. Eberts?"

"I took all the required courses in collage, one of which was a psychology course. I could see that Darien was experiencing mental trauma, I did not examine his mental state. That is the difference."

Michal smiled slightly at Claire's response, that was something they hadn't gone over. 

"Did Mr. Fawkes try to kill himself?"

She hesitated while she tried to figure out if that question had a hidden motive behind it. What would they do if she said yes?

"Not to my knowledge." She said after a moment.

"Then how do you know he was suicidal?"

"I said slightly suicidal, which means that he talked about it, not that he tried to do it."

"But you said…"

"I said he wouldn't talk. But I didn't say he never talked. I had weekly sessions with him, this served two purposes, to make sure he didn't fully close himself in, and to help him deal with the trauma he had suffered. He said a few times that he had thought of suicide, that it would end his physical and emotional pain."

"Thank you Ms. Keeply. No more questions." 

~~

Darien sat up quickly. He was covered in sweat, the bed sheets were soaked and he had thrown the blanket on the floor sometime during the night. The nightmares were driving him crazy. He hated himself for feeling as weak and helpless as he felt, but he didn't know what to do.

He picked up the phone and dialed a number.

"Hello?" A voice asked sleepily.

"Hobbes." Darien said softly.

"Darien?" Hobbes said sharply. In his mind, Darien could see him jumping out of bed and reaching for his pants.

"Sorry to bother you Bobby."

"No bother partner. Something wrong?"

"Not really. I'm sorry I woke you." 

Darien regretted calling Bobby the second he answered the phone. He had wanted to ask Bobby to come over and sit with him for awhile, or take him out somewhere to get some fresh air. He needed to talk to someone about the dreams and Bobby was the closest thing to a best friend he had, but it was the asking that was hard. Darien had rarely asked for anything. The last thing he remembered asking for was for Kevin to take the gland out of his head.

"Darien?" Bobby asked worried.

"Yeah?"

"You sure you're okay?"

"Sure. I just… um… just… nevermind Bobby. Go back to sleep. I'm sorry I woke you." He said and hung up before Bobby could say anything.

~~

Bobby Hobbes stood up and put on a clean pair of jeans. His partner had called him a minute ago and Bobby knew that something was wrong. Darien never called and mumbled for a moment then hung up. There was something that Darien needed, but he was either too afraid or too proud to ask for it.

~~

Darien got up off the couch and walked to the door when he heard the light knocking. He opened the door and greeted Bobby.

"What's wrong Darien?" Were the first words out of Bobby's mouth.

"Nothing. I told you that."

"Darien, you like sleep to much to be awake at…" He looked at his watch, "Two o'clock in the morning. Something is bothering you and I want to know what it is."

"You wanna know?"

"Yes, I wanna know."

"Fine, I'll tell you. But I want you to take me to the beach. Ocean beach. The pier is closed, but we can sit on the sand."

"Alright, get dressed and we'll go."

Darien walked to the closet and pulled out a pair of faded blue jeans and a white tee shirt and put them on.

"Let's go." He said as he put on his shoes.

~~

"Casey and I used to come here all the time." Darien said as he sat on the beach with Bobby at his side. "We'd come here when she couldn't sleep. She'd just sit here and listen to the waves and before long she was asleep on my shoulder. I'd carry her back to the car and take her home. She'd sleep like a baby for the rest of the night. I screwed up there Bobby. Casey was the best thing that ever happened to me and I threw it away. I'll probably never have another chance to be really happy. You know what's funny Bobby? The job I got busted during was going to be my last one. I was going to steal the money and buy Case a ring. I was going to ask her to marry me. If only I'd gone about it the right way I wouldn't be here right now, I wouldn't have these problems. I wouldn't be haunted by these fucking dreams." 

Darien looked out at the water, he was silent.

"The dreams. Is that why you called me?"

"Yeah. They're killing me Bobby. I have had nightmares since it happened. Every night I wake up drenched in sweat, the sheets are soaked. I don't know how much longer I can take this. There is nothing left that I can recognize as my life. I wake up every morning dreading the day, and I go home every evening dreading the night. There is nothing left Bobby, nothing."

"That's not true Darien. I'm still here, so is Claire and The Official. You need to stop digging this hole and start building yourself up to get out of it. I'm here Darien, I'm reaching my hand out to help you in anyway I can, all you need to do is take it. Tell me about your dream, if you tell it to me maybe you won't have it anymore."

Darien sat and stared at the water for a moment before taking a deep breath and closing his eyes. 

"I'm… I'm in a house, but it isn't Eberts' house. There is almost no light at all, the only light is coming from some dim bulbs on a high ceiling. I don't have any clothes on. I'm running down halls but I'm not getting anywhere and I can't find the doors. I hear this laughing coming from behind me, it starts out low like it's far away, but then it gets louder and it sounds more evil. I can feel fingers on my back and shoulders. I just keep running but the halls never end or even turn. The light fades slowly but I keep running. I fall into this… this… hole and land on a hard table. There are spiders all over the floor and snakes on each corner of the table. I can't move, the spiders are climbing up the table and I can see them, almost like I'm looking at myself through someone else's eyes. One of the big spiders crawls onto my stomach and just sits there. The snakes wrap themselves around my wrists and ankles and pull my hands to the top of the table. They spread my legs apart as the spider stands up on its hind legs. Hundreds of baby spiders come out of this little white thing that the big spider dropped, and they crawl all over me and bite me. Then the big spider gets bigger and its legs disappear. Now it's still a spider but it only has four legs, two on top and two on the bottom like a human. Then this huge… this huge… human… penis comes out of the middle of it. I'm screaming and yelling but nothing is coming out of my mouth, no sound at all. The spider climbs on top of me and I can't move even a little bit because the little spiders have tied me down with a big spider web. The big spider… it… it… ugh, it…"

"It's okay Darien. I understand. You don't have to say it." Hobbes said as he put his hand on Darien's shoulder. "Then what? After the spider?"

"Then the spider shrinks back to normal, and its legs come back. It crawls away but the snakes don't let go. The little spiders all crawl up to my face and cover it up, all except my eyes. I can't breathe. Then all the other spiders climb on top of each other and make the shape of a human, then the spiders are gone and Eberts is standing there. Then the light goes away and I feel his hands rubbing all over my body. I hear him say 'it's my turn now, you'll never forget this.' His voice sounds like it's coming from everywhere. Then I feel his mouth on my… you know… and I wake up."

Darien took a deep breath and stared at the water again. 

"Darien, I… I… I didn't know they were so bad. I mean, I knew they were bad but, I just thought you were reliving it in your dreams. Is that the only one?"

"No, but this is the one I have most often. This one is the worst. This one is the one that woke me up tonight."

"Man partner, I don't know what to say. I wish I could pull some brilliant thing out of the air, something that would calm your fears and ease you nerves. But I can't. I want to help you, I want to take your dreams away, I want to tell you that you won't have anymore bad dreams, but I can't do that."

"It's okay Bobby. No one can do those things. This is something that is going to haunt me for the rest of my life. Maybe it will get easier, and maybe it won't. But the fact that you sat here and listened to me, shows me that you are the best friend that I have ever had Bobby. That is something to look toward, something to keep me walking when I feel like dropping to my knees and giving up. Charles Spurgeon said, " Friendship is one of the sweetest joys in life. Many might have failed beneath the bitterness of their trial had they not found a friend." You are my friend Bobby, I know that now. Thank you for helping me through tonight. I don't know what might have happened if you hadn't come over."

"Darien, I want you to know that you are the only person in my life that I would get up at two o'clock in the morning for. I can't remember who it was, but somebody said, "A true friend is one in whom we have confidence and to whom we will listen." I'll always listen Darien, I'll always be here when you need me. From two blocks away to a million miles, I'll always come when you call."

Darien reached over and took Bobby into a hug.

"Thanks Bobby." He whispered. 

"You're welcome partner." Bobby whispered back as he wiped a single tear as it rolled down his face.

~~

Darien fell asleep in the van as Bobby was driving him home. They had sat on the beach for three hours and talked. Bobby mostly listened to Darien, he hadn't really known what to say that could possibly make Darien feel better, so he just listened and commented when he thought Darien needed to hear something other than his own voice.

Bobby looked at his watch when he parked the van in Darien's lot. It was 5:30 am, not much time left for sleeping but he figured a few hours were better than none. 

"Darien." Bobby said softly as he patted Darien's knee.

"Hmm?" Darien asked sleepily.

"We're here."

"Oh, ok." Darien said as he lifted his head off the back of the seat.

"Come on, I'll walk you up." Bobby said as he got out of the van.

"No, s'ok, I can make it." 

"No, I don't want you losing your balance and falling down the stairs. I'll walk you." Bobby said as he helped Darien out of the van.

Bobby did most of the walking, he was practically dragging Darien up the steps. Bobby leaned Darien on the wall and reached into Darien's pocket and pulled out his keys. He tried each key until he found the one that would unlock the door. He picked Darien up into his arms and carried him inside. 

Bobby laid Darien on the bed and went to the closet where he knew Darien kept the extra blankets. He pulled out two of the three blankets that were on the shelf, he spread one of them out on the floor where the couch used to be, and laid the other aside to cover himself with. Bobby laid down on the blanket, and fell asleep in a matter of minutes.

~~

Bobby woke up when he heard Darien's alarm clock.

"Damn, he must be deaf, that crap is loud enough to wake the dead." He mumbled as he sat up.

"I'm not deaf. Just didn't feel like getting up to turn it off." Darien said from the table in the middle of the room.

"You're up." Bobby said with a slightly embarrassed tone.

"Yup, been up since six fifteen. You want some coffee?"

"Sure, I could use a cup." He said as he got off the floor folded the blankets.

Darien went to the kitchen and poured a fresh cup of coffee for Bobby, and refilled his own cup.

Bobby was sitting at the table when Darien returned. Darien handed Bobby the coffee and returned to his own seat.

"Why did you stay here last night?"

~~~~~~"Cause it was after five in the morning when I got here and I didn't feel like driving all the way back home just to get up and come back here. Plus, it seemed like you needed the company." 

"Well, whatever the reason was, I'm sure your intentions were good."

"They were. Why have you been up so long anyway? You have another bad dream?"

"Not really. I mean, yeah but not a bad one. I could have gone back to sleep, but I knew that if I did I'd just have another one. So I stayed up. I watched you sleep and envied you."

"Why? I am not a good sleeper. I'm a tosser and turner." He laughed.

"Not last night. You slept like a baby, peaceful and still. I used to sleep like that, nothing could wake me up."

"I'll bet. You seem like the deep sleeper type." He laughed again. 

Darien finished his coffee and went to the closet. 

"I'm gonna get dressed then we can head out to your place so you won't show up in the same thing you wore yesterday." He said as he laid his black pants and white shirt on the bed. 

Darien took his clothes to the bathroom and emerged a half an hour later and looked like a showered, clean-shaven and pressed businessman.

A half an hour after that they were headed toward the courthouse.

~~

"Michal said she has only one person left to call to the stand." Bobby said as he and Darien sat in the van in the lot to the courthouse. "That means we're half way through this thing." He finished.

"You know who it is?" Darien asked.

"No, she wouldn't tell me. She said it was a surprise witness."

"Well, let's get in there and find out the surprise." Darien said as he opened the door and got out of the van.

~~

"Jonathan Jones." Michal said loudly as she stood behind the table.

A man in a black suit stood and walked to the stand. Darien recognized him from somewhere, but he couldn't remember where he had seen him.

"Good morning Mr. Jones." Michal said.

"Morning." The man said.

"Mr. Jones, what do you do?"

"I'm an agent for the agency."

"Do you work with Mr. Fawkes?"

"No, he and agent Hobbes are field agents. I am more of an undercover agent, I don't get that close to the action."

"But you have worked with Mr. Eberts before. Is that correct?"

"Well, not exactly. I have never worked with him, but I have known him for awhile. We went to school together."

"In all the years that you have known Mr. Eberts, have you ever known him to have a temper?"

"Yes. He has a pretty bad temper, but mostly in subtle ways."

"Explain that please."

"Well, like if he was talking to someone in a bar or something, he'd be all smiles and happy faces in front of them but when they turn or walk away, he'd give them an evil stare. Then he'd blow up later and say all kinds of things that he was going to do to them."

"Has Mr. Eberts ever raped anyone before, that you know of?"

He thought for a moment.

"Yes. About ten years or so ago he said that he had fallen in love with a guy and that he was going to be with him no matter what. But when the guy refused Eberts, he got mad and told me that he was going to do all kinds of horrible things to him. Then one night, Eberts and I were supposed to go out to a movie, but he called and canceled. I thought he might be feeling under the weather, so I waited for about a half an hour, then I went over to his house with a case of beer. I knocked but he didn't answer the door so I just went in. I heard him upstairs and went up. I almost bumped into him in the hall as he was coming out of the bedroom. He was covered in blood. I pushed past Eberts and went into the room. There was the guy that Eberts said he loved, he was naked and dead on the bed."

"How was he killed?"

"Eberts had stabbed him many times."

"Did Mr. Eberts go to trial for that?"

"Yes, but he wasn't convicted."

"Why?"

"There was no proof that he was the one that had done it. He had worn gloves while he used the knife. And there were no traces of semen inside of him. Eberts had used a bottle instead of himself, a long neck beer bottle. He broke the neck off while it was still in him and that is how he wasn't convicted. He had covered his tracks well."

"Thank you Mr. Jones. No more your honor."

Michal walked back to the table.

"Councilor." The judge urged."

The man stood. He had a look of mixed confusion and anger on his face.

"Nothing at this time. But I would like to request a recess to speak with my client."

"Granted. Court will reconvene in one hour." The judge said and banged her gavel.

~~

"Why the fuck didn't you tell me about this Albert?!" The man yelled at his client.

"I didn't feel that it was a necessary piece of information. I was not convicted." 

"That doesn't matter Eberts. The jury won't care if you weren't convicted, they won't care if you were wrongfully accused. The fact is, you had gone to trial for the very same thing this trial is for. And I was not prepared for that. How the hell did she know you had done it before, how did she know and I didn't?"

"It doesn't matter how she knew. What matters is that I was not convicted of that crime."

"Yeah? Well, that can continue to be what matters, because you will be convicted of this one if you don't start talking to me. Is there anything else I should know? Have you done this before the other guy."

"No. Just him and the guy that raped my sister."

"And Darien."

"You don't want me out of here do you?"

"To tell you the truth, I think you are one sick mother fucker, but I don't get paid unless you get out. Let's just leave it at that."

~~

"Prosecution rests your honor." Michal said after everyone had re entered the room after the recess.

"Councilor, you may call your first witness."

"Thank you. We only have a few this shouldn't take long."

"Don't play to me councilor, just call your witness."

"Yes your honor. Council calls Mrs. Rita Eberts"

An older woman in a blue dress stood and walked to the stand.

"You have known Albert Eberts longer than anyone in this room is that right?" He asked.

"Yes, I should think so. I knew him for nine months before he was even born." She said with a slight laugh.

"How was his childhood?"

"He was a happy child. I worked a lot so he was given the responsibility of caring for his older sister Shelly. I would have hired a nurse to care for her, but we weren't a well off family."

"Did he ever show any anger towards you or anyone else due to the fact that he had to care for his sister?"

"No, Albert was a very helpful boy. He wanted to do things for me, he wanted to help. He said that he didn't have many friends because he was so smart. He felt as if he made the other children feel dumb."

"Thank you Mrs. Eberts. No more."

"Madame prosecutor."

"Thank you. Mrs. Eberts, Why was your daughter born with brain damage?"

"I was a young girl when I got pregnant with Shelly. I didn't want to stop being young, so I continued to do the things I did."

"What were those things?"

"Drugs, drinking. Those sorts of things."

"I see. So if you had stopped, Shelly would be normal?"

"I believe so, yes."

"If she had been born normal, your son could have spent his childhood playing with the other children right?"

"Yes, I suppose so."

"If Shelly was normal, she could have stopped her attacker when he tried to rape her, is that correct?"

"She would have had a better chance of stopping him."

"If she had stopped him, your son would not have raped and murdered the man who raped his sister. Is that correct?"

"Yes, I guess he wouldn't have."

"So he did rape and murder her attacker?"

"Yes."

"Thank you. That will be all." Michal said with a smile.

~~

"Mr. Albert Eberts." The councilor said.

Eberts stood and walked to the stand.

"How long have you known Mr. Fawkes?"

"A little over a year."

"What was your first impression of him?"

"I thought he was a nice young man that had real potential."

"Did you impression change over time?"

"Yes, I began to thing he was a whiner. He was always whining about his position, and how he was mistreated at the agency. When actually he was treated like The Officials son. Mr. Borden babied Darien."

"Did this make you jealous?"

"No, I just didn't like to be the one to listen to him."

"Did you consider Mr. Fawkes a friend of yours?"

"Not really. I didn't know him. I'm sure we would have been friends given the chance to get to know one another."

"So you had no feelings for Mr. Fawkes one way or another?"

"No, he was just a guy who worked at the same place I did."

The councilor sighed. He was not pleased with Eberts' answers. It was as if Eberts was trying to see how far he could take this and still have it in his favor. 

"Thank you. Nothing more."

He returned to his table.

"Why did you go up to Darien's apartment when you gave him a ride home?" Michal asked without waiting for the judge to tell her to ask her questions.

"Because he invited me up for a beer. It had been a long day and I felt that I could use a beer.

"Why didn't you drink your beer and leave? Two hours and six beers seems an awfully long time to spend with someone you didn't like."

"We started talking and time slipped away."

"Why didn't you go into work the next day?"

"I wasn't feeling well. I guess I had a bit of a hangover."

"A hangover after six beers? I have been told that you are a drinker Mr. Eberts. I have been told that you can hold more than your share of alcohol without a hangover."

"I guess there's a first time for everything."

"Were you surprised to see Mr. Fawkes at your door later that day?"

"Yes, a little I suppose."

"You invited him in, you watched a movie and invited him to spend the night. Correct?"

"Yes. It was dark when the movie was over, his car was broken and I said I wouldn't be walking in the dark with all the crazy stuff that had been going down. So I invited him to spend the night in my guestroom. He accepted and spent the night."

"Then what happened? And please remember Mr. Eberts, you are under oath."

"Nothing happened. He went to bed and I went to bed and that was that."

She laughed slightly. "Thank you."

She went back to her table and sat next to Darien.

"Defense rests your honor."

"Very well. We'll end here. We'll reconvene tomorrow morning at eleven for closing arguments." She banged her gavel and left the room as everyone stood up.

~~

Darien sat silently beside Bobby in the van. The radio was on to prevent total silence. Neither of them wanted to hear their own thoughts at the moment, so they sat and listened to The Corrs sing about being Breathless.

Bobby clicked the radio off when the news commercial came on, the last thing he wanted to hear was more bad news.

"One more day buddy." Hobbes said into the silence.

"Mm hmm." Darien replied.

"We're more than half way through this. You're well on your way to being free from this nightmare."

"Yeah, I'm not free from anything. I never was free."

"I don't follow."

"Nevermind, I'm just being negative."

Bobby couldn't think of something good to say, so he said nothing, and Darien didn't offer any conversation topics either, so they slipped back into silence.

~~

Darien walked into his apartment, got a beer out of the refrigerator, sat on the bed, and got out his book. He took the pen off the nightstand and began writing.

"Something has left my life and I don't know where it went to.

Somebody caused me strife and it's not what I was seeking.

Didn't you see me? Didn't you hear me? 

Didn't you see me standing there?

Why did you turn out the lights, did you know that I was sleeping?

Say a prayer for me, help me to feel the strength I did.

My identity, has it been taken? Is my heart breaking?

On me, all my plans fell through my hands, they fell through my hands.

On me, all my dreams, it suddenly seems, it suddenly seems,

Empty." 

One of my favorite bands sings that, The Cranberries. I never really liked that song, but now, it just seems to fit. The something that has left my life is my understanding of what the world is about, my thinking that all people have some good in them, and my trust. I find it hard to trust people now, maybe I'll get it back but then again, maybe I won't.

Sometimes, people wake up and they just know that their life is going to change for the better. No one ever knows when it is going to change for the worse.

I don't really know who I am anymore, I don't know what to believe and I don't know who to believe in. Before, everything was so clear. I want my life back, I want things to be the way they were, I want to turn back time and change my decisions.

Really, the only good thing that has come out of all of this, is the fact that I now know that I do have people that care for me. I always thought that Claire was only there to keep me sane and that she didn't give two shits about me one way or the other. I was wrong there. I also thought that Bobby Hobbes was only my partner and that he wouldn't give me the time of day away from the job. I was wrong there too. They are my friends, and Bobby is the best friend I have ever had. He has stuck by my side through thick and thin, and he was there through all of my trials and tribulations. He was my friend when others would have saved themselves the trouble by walking away. Bobby is really the only real friend I have ever had.

Bobby is right, there is only one more day to all of this, we are more than half way through it. After tomorrow all that is left is waiting. Waiting for the jury's decision, waiting for the nightmare to end, waiting for my life to return to normal, if it ever will. 

My outlook on life has gotten both better and worse. Better in the way that now I know that there are people who genuinely care for others, people who don't always ask for something in return and people who will put others before themselves. 

Worse in the way that now I don't know who to trust, I can't look at people without wondering what they are thinking about and if they are plotting some evil act. 

And, I don't know where I'm coming from anymore, I don't know what I am looking for, and I can't remember the good things that have been done.

I want to be me again. I'm not me, I'm a shell of the person I used to be. I look like me on the outside, but on the inside I'm a stranger to myself.

Maybe, if I am one of the lucky people in life, maybe my friends will help me remember who I am and what I am fighting for. Maybe they'll help me get my life back. Until then, All there is to do is wait.

Darien closed the book, put it in the drawer of the nightstand, turned off the light, and went to sleep.

~~

"Ladies and gentlemen of the jury." Michal began at eleven fifteen. She had been up all night reviewing and making changes to her closing argument. She was confident that they would win this case, but she wasn't going to let her guard down.

"I'd like you to take a moment and mentally review the statements that you have heard. I want you to remember the way Darien Fawkes couldn't look anyone in the eye. I want you to remember the way he stared at his feet. I want you to remember the way his voice sounded, the way it cracked as he fought the tears that wanted to flow as he told his story. I want you to look back and remember the things his co-workers have said about him. Darien Fawkes is a good man, Darien Fawkes is a hard worker, Darien Fawkes is the best agent I have been paired with, Darien Fawkes is trying to change his life for the better, Darien Fawkes was a concerned co-worker and that is why he went to Mr. Eberts' house that evening. Ladies and gentlemen, I want you to remember that Mr. Eberts has raped and murdered before. Even his own mother said he did. He had gone to trial for this very same thing, he was not convicted and sentenced, and look what happened to Darien Fawkes as a result of that jury's decision. I am sure you all remember the looks that were on everyone's faces as they sat in that stand. Many of you had those very same looks. It is almost time for you to lock yourselves away in a little room to decide what will be the outcome of this trial. As you do that, I want you to remember the favor I asked of you at the beginning of this trial. I want you to try to put yourselves in Darien Fawkes' position. Think how you would feel if it had happened to you, think of the pain and humiliation he must have suffered and is still suffering. 

Remember the Mr. Albert Eberts had never missed a day of work in all the years he had worked for the agency, until June twenty-fifth. What day was Darien Fawkes attacked, brutally raped and almost killed? June twenty-fifth. If I were the one making the calls in this case, I'd say that that in itself looks like premeditation. 

I urge you to do your best as jurors, make the best call you can, make the right decision.

Please, imagine this if you will, you are sitting on the couch with your family one evening, perhaps not to far in the future. The evening news comes on and you hear that a man by the name of Albert Eberts has raped and murdered another man. Would you be able to sleep that night if you let him go free today? Would you feel responsible for that death? Would you ask yourselves "What if I had…" or, "Should I have…" Think about that while you are making your decision today.

Thank you for your time ladies and gentlemen."

She slowly walked back to her table and whispered to Darien to look at the jury. He did and noticed that they were all looking at him. He turned away without making eye contact and Michal knew that that would help them. 

~~

"Good morning ladies and gentlemen." The lawyer said as he stood.

"I won't take much of your time. I want you to look at Mr. Fawkes. Take a long look. Look at him as I tell you this, Darien Fawkes has a criminal record as long as my arm. The first time he was arrested was at the age of twelve. How many twelve-year-olds do you know, that have been arrested for breaking and entering and theft? The last time he was arrested was a little over a year ago for breaking and entering, and molestation. Now, look at Mr. Eberts, this man has no criminal record. Sure, he went to trial for a crime that was of this nature. But he was not convicted, what does that tell you? It tells me that he was wrongfully accused then, and that is wrongfully accused now. Mr. Eberts is a man that is trying to live his life. He has made a few mistakes, what human hasn't? The fact of the matter is, he learned from his mistakes and has avoided making the same ones. Mr. Fawkes on the other hand, has committed the same crime, made the same mistakes over and over again. He sees the error of his ways, he sees that he has gone down the wrong road and that it is too late to turn back, and he wants some company. So he is trying to drag Mr. Eberts down with him. You can look into Albert Eberts' eyes and see that he is a good man. Can you do the same to Darien Fawkes? No, you can't, and that is why he won't look you in the eye.

I am asking you to think really hard about the decision you make here. If a trial were a sport like basketball or hockey, the jurors would be the most important players. Look at the files of information, listen to what you have heard, make your decision, then rethink it and make it again. The rest of this mans life, lies in your hands ladies and gentlemen, make the right decision.

Thank you for you time and patience."

He walked back to his seat and listened as the judge gave her instructions.

We'll break for lunch, then the jurors will begin the deliberation."

She stood and looked at the bailiff.

"All rise!" The bailiff shouted.

Everyone stood as the judge left the room. They remained standing as the jurors filed out through the door beside the witness box.

~~

Darien sat on a short stone wall outside the courthouse. He didn't want to see Michal until he sat at the table with her. It seemed to Darien that she always went out of her way to find him.

"Hey Darien." Michal said as she exited the building.

Darien sighed and closed his eyes.

"Hey." He returned.

She walked to him and sat on the wall beside him. She put her hand on his shoulder.

"You ok?" She asked as she rubbed her hand in a small circle on his shoulder.

"Fine. But, I'd kinda like to be alone if you don't mind. I got a little thinking to do."

"Sure. I'll see you in an hour then."

"Yeah."

She stood and walked away as Bobby came out the door. He smiled at her as she passed.

"Hey there partner." Bobby said as he stood in front of Darien, blocking the sun.

Darien looked up and smiled slightly. 

"Stop thinking that Darien."

"Thinking what?" Darien asked confused. Bobby's tone made him wonder if he had spoken with being aware of it.

"Stop thinking that the jury is going let him go."

"I wasn't thinking that."

"Yes you were. I know you too well my friend."

"Well, maybe somewhere I was thinking something like that. But that guy's argument was pretty good. I mean, he brought up my record, he brought up the last charge. He researched me pretty good I guess. I was pretty confident about how this would turn out, until he started in with that speech."

"You got this Darien. You got this by the short and curly. There is no way in hell that Eberts will walk out of this building. Let me tell you Darien, I think you did very well in this. There were quite a few times when I would have lost my cool and went straight for that guy's neck. I'm proud of you partner."

"Thanks Bobby. It was hard, but I knew I'd get through it as long as you kept your seat behind me. I know that if you weren't here, I wouldn't have made it this far. Thank you Bobby."

"You're welcome partner. You hungry?"

"Yeah."

"Let's go get somethin' to eat."

They got off the wall and went to the van.

~~

One hour after the jury left the courtroom, Darien sat at the table wringing his hands together. He wanted the jury to get it over with, no matter what. He hated waiting.

"Darien stop." Claire said from behind him.

"Hmm?" He asked confused. He barely even heard her voice, he was lost in his own thoughts.

"I said stop. Your hands are turning red, you're making them raw. Stop."

He looked down. She was right, his hands were red, and they hurt.

"Oh." He said.

"Darien, this is almost over. We're over the hump." Michal said as she put her hand on his shoulder.

"How long is this going to take?"

"I don't know. A few minutes, a few hours, days, weeks. It all depends on whether or not they all agree on one thing or the other."

"Shit." Darien muttered.

~~

It was hot in the courtroom, the ceiling fans did little but stir the already stale air. The air-conditioning in the building was being serviced and everyone could tell. The room was silent, people just leaned back in their chairs and fanned themselves with little paper fans. The silence was broken by the hinges on the door squeaking. Another bailiff walked quickly over to the bailiff that had stood by the judge's box. He whispered something, and the bailiff left the room.

"Looks like they have reached a verdict." Michal whispered as she leaned close to Darien.

"What do you think?" Darien asked nervously.

"I don't know, but we'll find out in a few minutes."

Darien sat back in his chair and exhaled harshly. More waiting.

~~

The bailiff returned to his spot beside the judge's box and waited to make his announcement.

The judge walked in and mounted the steps to her chair.

"All rise." The bailiff said loudly.

Everyone stood.

"Court is now in session. The honorable Judge Joyce McDermott presiding."

The judge sat down and poured herself a glass of water before telling them all to be seated.

Judge McDermott nodded at the bailiff, and he nodded at the bailiff at the door beside the witness stand.

The jurors filed in and took their seats.

~~

The bailiff walked over to the juror in the first seat and took a piece of paper from her. He handed the paper to the judge. She looked at it and handed it back. The bailiff returned the paper to the juror.

"Has the jury reached a verdict?" Judge McDermott asked.

"Yes your honor, we have." The woman in the first chair answered as she stood.

"We the jury find the defendant, Mr. Albert Eberts, pertaining to the matter of assault and battery and attempted murder, guilty."

The judge banged her gavel to quiet the room.

Once the room was quiet, she turned and faced the jury.

"I and the state of California, thank you for your time and patience. The jury is dismissed."

The second bailiff led them out of the room and closed the door behind them.

~~

"Will the defendant please stand?" The judge asked.

Eberts and his lawyer stood.

"The state of California gives me three sentences I can put down on you. Or I can sentence you to my own discretion. I plan to meet the standards of the State, as I always have. Mr. Eberts, I sentence you to five years in the California State prison."

The people behind Eberts sighed and gasped as the sentence was given.

The judge banged her gavel again.

"But I will throw that out and sentence you to two years, and one thousand hours of community service. As for your government position, pending review by F and G, your status is on hold."

~~

Eberts lowered his head as the armed guard stood him up. His head turned, and his eyes locked on Darien. Darien's head was in his hands, so he didn't see the look Eberts gave him. But Bobby Hobbes saw it. Bobby gripped the sides of his chair to keep himself from flying over the divider and knocking the hate filled look off of Eberts' face.

Once Eberts was out of the room, Bobby leaned forward, and shook Darien's shoulders.

"See partner, I told you it would end like this."

"Yeah." He smiled.

~~

Darien walked out of the building and breathed what seemed like the freshest air he had breathed in a long time.

He looked to his right and saw Michal walking toward the parking garage. 

"Hey," He called as he jogged over to her.

She turned around and smiled at him.

"Congratulations." She said. 

"Thanks." He replied. "But I wouldn't feel this good if it weren't for you. Thank you." He said as he held out his hand.

She shook his hand, "You're welcome Darien. Sleep well tonight, you deserve it." She smiled.

He smiled back as she turned away.

"Hey, you're leaving? I thought we might grab a bite to eat to celebrate our victory."

"I'd like to, but I have a long day tomorrow. Another time maybe."

"Sure." He said, knowing that he would never see her again.

Darien walked back to the wall in front of the courthouse to wait for Bobby.

"There you are, I was looking for you all over the place." Bobby said as he walked out the door.

Darien turned around but said nothing. He wasn't actually surprised at the verdict, but he was a little stunned. For the past few months of his life, he had lived a nightmare. Finally, after all the sleepless nights, the sun was peeking around the clouds.

"How 'bout a drink to celebrate?" Bobby asked as Claire joined them outside.

"No, I've got a long day tomorrow." Claire said.

"I could go for a drink." Darien said through a smile.

Darien stood and walked toward the van. Bobby stood and followed turning back to wink at Claire.

~~

Bobby and Darien each had one beer. They didn't want to drink more on a work night, plus Bobby was driving.

The van pulled into the lot of Darien's building at six o'clock pm. Darien thanked Bobby for the drink and got out of the van.

"Oh hey," Bobby called.

Darien turned. "Yeah?"

"Um… Do you mind if I come up and use your bathroom?"

"No, come on."

They walked up the stairs and Darien fished for his keys when they stopped at his door.

Bobby doubled over and coughed loudly.

"You okay?" Darien asked.

Bobby continued to cough for a moment before taking a deep breath.

"Yeah, fine." Bobby said as he cleared his throat. "Got choked on the air. That ever happen to you?"

"Sure." Darien said with a laugh.

~~

Darien and Bobby entered Darien's apartment and Darien flipped on the light.

"SURPRISE!!" Claire and The Official shouted as they jumped up from behind a new couch.

"Surprise partner." Bobby said. "The three of us got together and bought you a new couch."

"Aw man guys." Darien said softly. "This is great, thank you." He walked over and plopped down on the couch. 

"Comfortable too." He smiled.

"And it wasn't cheap." The Official said as he put his hands on Darien's shoulders. 

"I guess not, black leather. Very nice. Thanks guys."

Darien stood and walked around his new couch and hugged Claire. He held his hand out to The Official to shake. The Official took his hand, shook it for a moment then pulled him into a hug. Darien flinched.

"What's wrong?" The Official asked.

"I was kinda afraid you were going to punch me in the stomach." Darien laughed.

Darien walked over to Bobby and hugged him as well."

Bobby hugged back briefly before pushing him away. "I get the picture." He said and smiled.

"We got you something else too." Bobby said as he walked toward the kitchen.

He knelt behind the counter, opened the cabinet and put a stereo on the counter.

"It's almost like the other one you had. I couldn't find an exact."

Darien ran his fingers through his hair and looked at the floor.

"I don't know how to thank you guys. This really means a lot."

"Well, we care about you Darien." Claire said as she walked toward him. "You may not always be able to tell, but we do care about you."

"I know. And I'm sorry I put you guys through hell over the past few months. Especially you Bobby, I can't thank you enough."

"S'ok." Bobby said.

"Well, I wasn't lying when I said I had a long day tomorrow. I think I'll go. Congratulations Darien." She said and hugged him. She left. 

"I should probably go too." The Official said. "Congratulations Fawkes. See you tomorrow." He left.

Bobby and Darien stood and stared at each other for a moment. 

"How did you get all this up here?" Darien asked to break the silence.

"Claire and I thought it up. I was telling her about your couch. She said that it would be nice to get the old one out before you got home. So, I told her that I'd invite you out for a drink and she could have the people bring it up while we were out. I'd cough or something to let them know when we got here."

"But how did they get in?"

"Last night, after I brought you home, I took your keys and had a copy of your door key made at this all night locksmith I know. I got back here laid out on the floor and passed out." He laughed.

"Oh." Darien said. "Well, thanks. It really does mean a lot."

"Well, you're welcome. I don't do enough nice things for people. Viv told me that once, and I just realized she was right."

"No Bobby, she was wrong. I've seen you do plenty of nice things. I mean, you have this hard exterior, but I have seen what is under it. You are a very good man Bobby. I know. You've done countless nice things for me."

Bobby smiled and turned away. He felt the moment turning cold in the silence, he had to do something to save it.

"You're my friend Fawkes. I love you, I'd do anything for you." He thought what he had said. After what Darien had just been through, I love you from a man was the last thing he'd want to hear. "I love you like a brother, the brother I never had." Bobby corrected. 

Darien looked away and Bobby realized what he had said. Darien still hadn't gotten past Kevin's death, and the word brother made it worse for him. 

"Thank you Bobby." Darien said as he wiped a tear away before it could leave his eye. 

Bobby moved close to Darien and took him into a hug. No one was there to see his affectionate side, so he hugged Darien tightly. 

"I'm gonna go partner. You be alright here alone?"

"Yeah, I'm good."

"Okay, you know my number if you need anything." Bobby said as he walked toward the door.

"I'll call if I need you."

Bobby smiled and left.

~~

Darien was alone in his apartment. He sat on his couch, leaning against the arm with his knees drew up. He had a book on his lap and a pen in his hand.

'It's the beginning of the end.' He wrote. 'I have lived through one of the hardest experiences in my life, with the help of my friends. Maybe I'll wake up tomorrow and this will all have been a dream. Would that be good? I guess it would be in the way that my life wouldn't have turned to hell, but I also wouldn't have found my friends. I suppose you could say that there is a victory in every failure. I suppose that would be right. But the only thing I know for sure, is that I would not be here today if I didn't have friends.'

He closed the book, sat it on the table beside the couch and walked to his bed.

Darien laid in his bed wondering if he'd wake up in a few hours, or if he'd sleep the night through.

Darien's eyes closed to the world at nine forty-five pm, and he slept a very welcomed dreamless sleep.

END

   [1]: mailto:gunslinger_sk@yahoo.com



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